Support Structures and Constitutional Change: Teles, Southworth, and the Conservative Legal Movement

2011 ◽  
Vol 36 (02) ◽  
pp. 516-536 ◽  
Author(s):  
Amanda Hollis‐Brusky
Keyword(s):  
Public Policy ◽  
Civil Society ◽  
Supreme Court ◽  
Political Science ◽  
Strong Support ◽  
Constitutional Change ◽  
Support Structures ◽  
The Federalist ◽  
Conservative Coalition ◽  
The Right

This essay reviews two recent works in political science on the American conservative legal movement: Steven M. Teles's The Rise of the Conservative Legal Movement: The Battle for Control of the Law (2008) and Ann Southworth's Lawyers of the Right: Professionalizing the Conservative Coalition (2008). It examines these books in the context of a larger debate over the variables that best explain constitutional change in general and the recent “conservative counterrevolution” in Supreme Court jurisprudence in particular. It shows how these studies build on the scholarship of Charles Epp, who argued in The Rights Revolution (1998) that serious constitutional change requires not only the right cast of characters on the court, but also a strong “support structure” in the legal profession and civil society. Finally, it draws on the author's own research on the Federalist Society for Law and Public Policy to illustrate some important avenues for further inquiry.

Political Science and Science Fiction

1958 ◽  
Vol 52 (4) ◽  
pp. 1026-1029 ◽  
Author(s):  
John P. Roche
Keyword(s):  
Science Fiction ◽  
Supreme Court ◽  
Political Science ◽  
Public Law ◽  
Frame Of Reference ◽  
Board Of Education ◽  
The Social ◽  
The Supreme Court ◽  
The World ◽  
The Right

I want to dissent initially from the rather constricting frame of reference that Schubert has established in his paper. He has every right in the world to set rhetorical snares, but I have no intention of walking into them. If I may summarize, Schubert asserts that he is a spokesman for a radical new direction in the study of public law, claiming that the old ways are moribund. He further urges that we should look with envy at the creative function of the social psychologists who supplied the Supreme Court with the banners it carried in Brown v. Board of Education while we were bumbling around with historical and philosophical trivia. He concludes that instead of wasting our time with talmudic disputations on whether the Supreme Court reached the “right” or the “wrong” decisions in specific cases, we should settle down to build a firm “scientific” foundation for our discipline.Not the least amusing aspect of this indictment is that I find myself billed as the defender of the ancien régime, as the de Maistre of public law. Therefore, for the benetfit of the young and impressionistic, let me break loose from Schubert's rhetorical trap: I too think that much of the research done in public law—and, for that matter, in political science generally—has been trivial.

From Scientific Socialism to Political Science?

1994 ◽  
Vol 46 ◽  
pp. 63-66
Author(s):  
David Montgomery
Keyword(s):  
Public Policy ◽  
Social Change ◽  
Civil Society ◽  
Political Theory ◽  
Political Science ◽  
Labor History ◽  
The Political ◽  
Political Analysis ◽  
Working Class History ◽  
Scientific Socialism

Ira Katznelson has proposed that we labor historians can recover our lost élan by engaging the agenda of liberalism. Although he acknowledges that today's writings on working-class history are variegated and richly rewarding, he regrets that they have become uncoupled from controversies over public policy and social change and run the risk of becoming little more than “sentimental reminders of times lost and aspirations disappointed.”To revitalize our sense of engagement he recommends that we call a halt to “the continuing flight within labor history from institutional-political analysis.” We should focus our attention on historical relationships between the state and civil society, and we should inform our analyses with the political theory that historically has assumed its shape around those relationships: liberalism.

scholarly journals Public Policy and Policy-Making

2021 ◽  
Author(s):  
N. Yalmanov
Keyword(s):  
Public Policy ◽  
Political Science ◽  
Policy Making ◽  
Methodological Approach ◽  
Normative Approach ◽  
Key Features ◽  
Definition Of ◽  
The Right ◽  
Power Capability ◽  
Political Decisions

This research adopts a methodological approach to the analysis of policy-making, which allows both a comprehensive study of policy-making and also helps to determine the content of public policy. The research, firstly, critically reviews the popular political science conceptual models of policy-making to determine factors that make the existing models unfit to explain the essence and fundamental attributes of this process. Then, the main characteristics of political decisions based on the normative approach will be highlighted and the key features of this mechanism will be determined. Policy decisions features considered in the context of political science are interconnected. Key features such as political power, interests, responsibility and rationality lead to a conclusion about the preventive nature of political decisions. The preventive orientation of political actions means the intention to create, direct and control events distant in the time continuum in the right way, anticipating undesirable effects in the exercise of power capability. The normative approach to study of policy-making creates a methodological basis for determination of public policy and shows that public policy is the definition of strategic goals for the development and consolidation of society, through activities related to the development of a political course for the society development and integration through policy-making. Keywords: public policy, policy-making, theory of policy-making, rationality

COMMONWEALTH Forum: The Politics of Science or the Science of Politics

Commonwealth ◽  
2017 ◽  
Vol 19 (1) ◽  
Author(s):  
John Arway
Keyword(s):  
Public Policy ◽  
Natural Resource ◽  
Factual Information ◽  
The Past ◽  
Difference Of Opinion ◽  
History Of ◽  
The Right ◽  
Scientific Facts ◽  
Environmental Agency ◽  
Laws And Regulations

The challenges of including factual information in public policy and political discussions are many. The difficulties of including scientific facts in these debates can often be frustrating for scientists, politicians and policymakers alike. At times it seems that discussions involve different languages or dialects such that it becomes a challenge to even understand one another’s position. Oftentimes difference of opinion leads to laws and regulations that are tilted to the left or the right. The collaborative balancing to insure public and natural resource interests are protected ends up being accomplished through extensive litigation in the courts. In this article, the author discusses the history of environmental balancing during the past three decades from the perspective of a field biologist who has used the strength of our policies, laws and regulations to fight for the protection of our Commonwealth’s aquatic resources. For the past 7 years, the author has taken over the reins of “the most powerful environmental agency in Pennsylvania” and charted a course using science to properly represent natural resource interests in public policy and political deliberations.

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

Nachhaltigkeit in Wald und Gesellschaft trotz «Überalterung» und «Unterjüngung» (Essay)

2013 ◽  
Vol 164 (8) ◽  
pp. 236-239
Author(s):  
Werner Schärer
Keyword(s):  
Civil Society ◽  
Technical Progress ◽  
The Elderly ◽  
Human Populations ◽  
Civil Society Organisations ◽  
Care For The Elderly ◽  
Economic Reasoning ◽  
The Right ◽  
Implementation Programme ◽  
Effective Distribution

Sustainability in forest and society despite “overmaturity” and “lack of regeneration” (essay) This essay compares efforts to move towards sustainability in the forests with those in the care for the elderly in Switzerland, and tries to draw conclusions which may promote sustainability. It is wrong, for forests and human populations, to talk of “overmaturity”, as this assumes the primacy of economic reasoning. To guarantee sustainability, the balance between all aspects is crucial. To attain true sustainability, we need binding guidelines and the “right” scale of implementation programme. Civil society organisations have been working for decades – often longer than the state itself – to improve sustainability. In many different areas, good cooperation and effective distribution of tasks between these institutions can be observed. This is important, among other things, because the ever greater speed of technical progress may overwhelm the adaptive capacity of both forests and people, which would influence sustainability in a negative way.

Case study 2

2018 ◽  
Author(s):  
Ewan Ferlie ◽  
Sue Dopson ◽  
Chris Bennett ◽  
Michael D. Fischer ◽  
Jean Ledger ◽  
...  
Keyword(s):  
Civil Society ◽  
Political Science ◽  
Think Tanks ◽  
Science Literature ◽  
Informal Networks ◽  
Think Tank ◽  
Significant Potential ◽  
Key Stakeholders

This chapter analyses the role of think tanks in generating a distinctive mode of policy knowledge, pragmatically orientated to inform and shape issues of importance to civil society. Drawing on political science literature, we argue that think tanks exploit niche areas of expertise and influence to actively mobilize policy analyses and recommendations across diverse stakeholders. Through our exploratory mapping of think tanks, geographically concentrated within London, we characterize their influence as significantly boosting knowledge intensity across the regional ecosystem. In particular, we study the empirical case of one London-based think tank which powerfully mobilized policy knowledge through its formal and informal networks to build influential expert consensus amongst key stakeholders. We conclude that such organizations act as key knowledge producers and mobilizers, with significant potential to influence policy discourses and implementation.

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